Higher Education Support Act 2003 - VET FEE-HELP Guidelines (22/05/2008)

Administered by Department of Industry, Science and Resources

Legislation au F2008L01952 Not in force Legislative Instrument

Legislation content

VET FEE-HELP GUIDELINES

as amended

made under section 238-10 of the

Higher Education Support Act 2003

This compilation was prepared on 9 July 2009
taking into account amendments up to Amendment No. 1 to VET FEE-HELP Guidelines

Prepared by the Department of Education, Employment and Workplace Relations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


COMMONWEALTH OF AUSTRALIA

 

Higher Education Support Act 2003

 

 

VET FEE-HELP GUIDELINES

 

 

TABLE OF CONTENTS

 

 

CHAPTER 1  INTERPRETATION

 

CHAPTER 2  OTHER COURSE AND STUDENT REQUIREMENTS FOR ENTITLEMENT TO VET FEE-HELP ASSISTANCE

 

CHAPTER 3   CERTAIN DETAILS RELATING TO VET CREDIT TRANSFER ARRANGEMENTS

 

 

CHAPTER 1  INTERPRETATION

 

1.1.1 Unless the contrary intention appears, the terms within these Guidelines have the same meaning as in the Higher Education Support Act 2003.

 

1.1.5 Terms in these Guidelines that are in italics have the meanings given in paragraph 1.1.10 of these Guidelines.

 

1.1.10 In these Guidelines, unless the contrary intention appears:

 

Act means the Higher Education Support Act 2003.

 

Department means the Australian Government Department of Education, Employment and Workplace Relations.

 

Full fee-paying student has the meaning given in subsection 2.10.1.

 

Group Manager means the person holding, occupying or performing the duties of the position of Group Manager, or an equivalent position, in the Department or an equivalent position, in the Department responsible for the administration of VET FEE-HELP.

 

Guidelines means these VET FEE-HELP Guidelines.

 

Reform State or Territory has the same meaning as is given to it in the VET Provider Guidelines.

 

Scope of Registration has the same meaning as is given to it in the VET Provider Guidelines.

 

Subsidised student has the meaning given in subsection 2.10.10.


CHAPTER 2  OTHER COURSE AND STUDENT REQUIREMENTS FOR ENTITLEMENT TO VET FEE-HELP ASSISTANCE

 

2.1 PURPOSE

 

2.1.1 This chapter sets out:

 

a) under paragraph 43(d) of Schedule 1A of the Act:

 

requirements for VET courses of study relating to VET credit transfer arrangements for the purposes of paragraph 45(1)(a) of Schedule 1A of the Act; and

 

b) under paragraph 43(i) of Schedule 1A of the Act:

 

requirements for students relating to their entitlement to VET FEE-HELP assistance for a VET unit of study.

 

2.5 REQUIREMENTS FOR VET COURSES OF STUDY RELATING TO VET CREDIT TRANSFER ARRANGEMENTS

 

Basic requirement for credit transfer arrangement

 

2.5.1 The requirements for VET credit transfer arrangements are:

 

a) for a VET course of study that leads to an award of VET diploma or VET advanced diploma, the VET provider must have in place at least one VET credit transfer arrangement for that course; and

 

b) for a VET course of study that leads to an award of VET graduate diploma or VET graduate certificate, the VET provider does not need to have in place a VET credit transfer arrangement for that course.

 

Exemption from basic requirement

 

2.5.5 Where a VET provider offers, in accordance with its Scope of Registration, a VET course of study specified in paragraph 2.5.1a) in a Reform State or Territory, the VET provider is exempt from meeting the VET credit transfer requirements in paragraph 2.5.1a) in relation to that course.

 

Credit transfer arrangement details

 

2.5.10 A VET provider must ensure that the requirements of chapter 3 of these Guidelines are met for any VET credit transfer arrangement that the provider has in place.

 

NOTE: VET credit transfer arrangements can affect a student’s entitlement to VET FEE-HELP assistance under section 2.10.

 


2.10 REQUIREMENTS FOR STUDENTS RELATING TO ENTITLEMENT TO VET FEE-HELP ASSISTANCE FOR A VET UNIT OF STUDY

 

Full fee-paying students

 

2.10.1 For the purposes of subsection 2.10.5:

 

full fee-paying student means a student enrolled in a VET course of study for which the VET provider does not receive any funding from a State, Territory or the Commonwealth in relation to the student’s enrolment in that VET course of study.

 

2.10.5 A full fee-paying student is only entitled to VET FEE-HELP assistance for a VET unit of study if the unit:

 

a) forms part of a VET course of study that leads to any award referred to in paragraph 2.5.1a) for which the VET provider has met the basic requirement in accordance with subsection 2.5.1 and has a VET credit transfer arrangement in place, or any award referred to in paragraph 2.5.1b); or

 

b) forms part of a VET course of study for which the VET provider is exempt in accordance with subsection 2.5.5, and the VET provider does not have in place a VET credit transfer arrangement for that course, and the student is enrolled in the unit in a Reform State or Territory.

 

Subsidised students

 

2.10.10 For the purposes of subsection 2.10.15:

 

subsidised student means a student:

 

a) who is enrolled with a VET provider in a VET course of study; and

 

b) for whom the VET provider receives funding from a State or Territory (the “Subsidising State or Territory”) in relation to the student’s enrolment in that VET course of study; and

 

c) who is determined to be a subsidised student by the Subsidising State or Territory.

 

2.10.15 A subsidised student is only entitled to VET FEE-HELP assistance for a VET unit of study if the unit:

 

a)      forms part of a VET course of study that leads to an award of VET diploma or VET advanced diploma; and

 

b)      the student is enrolled in the unit in the Subsidising State or Territory; and

 

c)      the Subsidising State or Territory is a Reform State or Territory.

 

 

 


CHAPTER 3   CERTAIN DETAILS RELATING TO VET CREDIT TRANSFER ARRANGEMENTS

 

3.1 PURPOSE

 

3.1.1 This chapter sets out requirements relating to VET credit transfer arrangements.

 

3.5 REQUIREMENTS RELATING TO LEVEL OF CREDIT, WRITTEN AGREEMENTS, APPROVALS AND PUBLICATION

 

3.5.1 A VET credit transfer arrangement must provide a guaranteed level of credit (“Credit”) for the award of VET diploma or VET advanced diploma towards a higher education award of Bachelor degree.  The Group Manager will use the following credit levels as a guide when approving the VET credit transfer arrangement:

 

a)             50% Credit for a VET advanced diploma towards a 3 year Bachelor degree;

 

b)             37.5% Credit for a VET advanced diploma towards a 4 year Bachelor degree;

 

c)             33% Credit for a VET diploma towards a 3 year Bachelor degree; or

 

d)             25% Credit for a VET diploma towards a 4 year Bachelor degree.

 

3.5.5 The VET provider must ensure that each VET credit transfer arrangement is set out in a written agreement between the VET provider and a higher education provider that:

 

a) is approved by the Group Manager; and

 

b) contains at least the following information:

 

i) the higher education award to which the VET credit transfer arrangement relates;

 

ii) the amount of Credit towards the higher education award that is guaranteed under the VET credit transfer arrangement; and

 

iii) the expiry date, if any, of the VET credit transfer arrangement.

 

3.5.10 A VET provider must seek approval from the Group Manager before it varies a VET credit transfer arrangement.

 

3.5.15 A VET provider must:

 

a) publish and make publicly available details of all VET credit transfer arrangements that comply with subsection 3.5.10; and

 

b) provide the Group Manager with a copy of all proposed VET credit transfer arrangements for approval; and

 

c) provide the Group Manager with a copy of all proposed variations to VET credit transfer arrangements for approval; and

 

d) publish and make publicly available details of all approved variations to VET credit transfer arrangements.

 

3.10 REQUIREMENTS APPLYING ON EXPIRATION OF A VET CREDIT TRANSFER ARRANGEMENT

 

3.10.1 If a VET credit transfer arrangement expires and there are students who are, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act for any VET unit of study forming part of the course to which the arrangement relates (“Affected Students”), then:

 

a) the requirements relating to VET credit transfer arrangements set out in this Chapter 4 are taken to have been satisfied for the whole of the course for those students only; and

 

b) the VET provider must:

 

i) immediately notify the Group Manager and the Affected Students that the VET credit transfer arrangement has expired; and

 

ii) attempt to negotiate another VET credit transfer arrangement with a higher education provider for the VET course of study that meets the requirements of this Chapter 3.


Notes to the VET FEE-HELP Guidelines

Note 1

The VET FEE-HELP Guidelines (in force under section 238-10 of the Higher Education Support Act 2003) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

VET FEE-HELP Guidelines

3 Jun 2008 (see F2008L01952)

4 Jun 2008

Amendment No. 1 - Higher Education Support Act 2003 - VET FEE-HELP Guidelines

30 Jun 2009 (see F2009L02594

1 July 2009

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Subs. 1.1.10

ad. F2009L02594

Chapter 2

rs. F2009L02594

Chapter 3

rs. F2009L02594

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Higher Education Support Act 2003 is a legislative instrument designed to address gaps in vocational education and training (VET) funding and support mechanisms in Australia. Enacted by the Australian Parliament, the Act aims to ensure that students have access to affordable education and training, particularly in the vocational sector. The VET FEE-HELP Guidelines, established under section 238-10 of the Act, provide specific rules and conditions to facilitate the VET FEE-HELP scheme, which assists eligible students with the payment of tuition fees. These guidelines outline requirements for VET courses of study, including credit transfer arrangements, and specify eligibility criteria for students seeking VET FEE-HELP assistance. The policy objective is to improve access to vocational education and training by ensuring that students can manage their fees more effectively, thus encouraging participation in VET programs.

Scope and Application

The VET FEE-HELP Guidelines, made under section 238-10 of the Higher Education Support Act 2003, apply to VET providers and students who are enrolled in eligible Vocational Education and Training (VET) courses in Australia. The Guidelines are intended to ensure that VET courses meet certain standards and requirements to be eligible for VET FEE-HELP assistance. VET providers must comply with the requirements set out in these Guidelines, which include having VET credit transfer arrangements in place for certain courses and ensuring that all such arrangements meet specified criteria. Students who are enrolled in eligible courses and units of study are entitled to VET FEE-HELP assistance if they meet the requirements outlined in the Guidelines. These Guidelines apply nationally, across all states and territories, although there are certain exemptions and variations for courses offered in specific jurisdictions. The Guidelines may be further extended or restricted through subordinate instruments, which are subject to the legislative framework established by the Higher Education Support Act 2003.

Key Provisions

The VET FEE-HELP Guidelines, which are made under section 238-10 of the Higher Education Support Act 2003, outline the requirements for Vocational Education and Training (VET) courses and students to be eligible for VET FEE-HELP assistance. These Guidelines provide clarity on the course and student requirements, VET credit transfer arrangements, and the obligations that VET providers must meet. According to these Guidelines, a VET provider must establish at least one VET credit transfer arrangement for VET courses of study leading to a VET diploma or VET advanced diploma, while VET courses of study leading to a VET graduate diploma or VET graduate certificate are exempt from this requirement (section 2.5.1). Furthermore, full fee-paying students are only entitled to VET FEE-HELP assistance for a VET unit of study if it forms part of a VET course of study meeting the basic requirement or is offered in a Reform State or Territory (section 2.10.5). Subsidised students are eligible for VET FEE-HELP assistance if the VET unit of study is part of a VET course of study leading to a VET diploma or VET advanced diploma and is undertaken in the Subsidising State or Territory, which is a Reform State or Territory (section 2.10.15). VET providers must comply with the Guidelines by ensuring that VET credit transfer arrangements provide a guaranteed level of credit towards a higher education award of Bachelor degree (section 3.5.1). The Group Manager uses specific credit levels as a guide when approving these arrangements. VET providers must also ensure that each VET credit transfer arrangement is set out in a written agreement approved by the Group Manager and containing the required information (section 3.5.5). Additionally, VET providers must seek approval from the Group Manager before varying a VET credit transfer arrangement and must publish and make publicly available details of all VET credit transfer arrangements and any approved variations (section 3.5.10, 3.5.15). Failure to comply with the requirements set out in the VET FEE-HELP Guidelines may result in penalties and consequences for the VET provider. While the specific penalties are not outlined in the Guidelines, breaches of the Higher Education Support Act 2003 or related legislation may result in fines, imprisonment, or both, depending on the severity of the breach. In some cases, VET providers may also face civil consequences, such as being required to compensate affected students or repay any VET FEE-HELP assistance provided.

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Vocational Education & Training Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.